How do family ties among judges, lawyers, and a court reporter affect disqualification and temporary reporter assignments?

Plain-English summary

The Commission withdrew five 1993 opinions and substituted a consolidated answer involving three circuit judges, a lawyer related by marriage to one judge, and a court reporter related to another. It said the judge whose first cousin married the lawyer should not hear cases involving the lawyer or the firm; that disqualification could be remitted under Canon 3D.

A different judge was not automatically disqualified because the lawyer’s wife was that judge’s reporter. The opinion also permits certain temporary reporter assignments for justifiable cause under the stated statutory exception, with disclosure of the relationships to parties and counsel.

Currency note

This opinion was issued in 1994, after the Alabama Supreme Court's 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.

Common questions

Q: Which judge was disqualified by the lawyer’s family relationship?

A: The judge whose first cousin was married to the lawyer could not hear the lawyer’s or firm’s cases absent Canon 3D remission.

Q: Did the reporter’s marriage automatically disqualify the judge she served?

A: No. The Commission rejected automatic disqualification on that fact alone.

Q: What did the Commission require for the temporary reporter arrangements it described?

A: It called for disclosure of the particular relationship to the parties and their attorneys.

Background and rules framework

The opinion applies Canon 3C(1)(d) and Canon 3D and discusses Ala. Code § 12-17-270 on court reporter relationships and a local-circuit exception.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 3C(1)(d), Canon 3D.

Statute cited:

• Ala. Code § 12-17-270, on court reporter relationships and the stated circuit exception.

Other opinions cited:

• Alabama JIC Opinions 93-486 through 93-490 are expressly withdrawn and replaced; Opinions 80-69, 86-258, 86-276, 89-366, 79-62, and 94-512 are also cited.

See also

• AL Judicial Ethics Op. 94-512: Child as Counsel

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 94-513
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

94-513
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
January 28, 1994
This is in response to your request for an advisory opinion from the Alabama Judicial Inquiry Commission. The advisory opinions (93-486, 487, 488, 489, 490) contained in our letter dated June 25, 1993, are hereby withdrawn and this opinion is substituted. The facts are as follows: There are three judges in the 18th Judicial Circuit: Judge Crowson, Judge Head, and Judge Joiner. Judge Head was formerly a member of the law firm of Wallace, Ellis, Fowler, and Head (hereinafter, the Firm) prior to his becoming a judge in 1990. Judge Head’s son, Frank Head, is presently a member of that same law firm. Judge Crowson’s court reporter is Jennifer Joiner. Judge Joiner is her first cousin. Ms. Joiner was hired before Judge Joiner became judge in 1993. Attorney Head and Ms. Joiner were recently married. Judge Head has recused himself from all cases involving the Firm. The Commission’s response is as follows:

1. Because Judge Joiner’s first cousin is the wife of attorney Head, Judge
   Joiner should not hear cases in which either attorney Head or any member of his law firm is involved. Under Canon 3C(l)(d), Alabama Canons of Judicial Ethics, a judge is disqualified from hearing any proceeding in which he is related by consanguinity or affinity within the fourth degree to an attorney representing a party to the proceeding. A judge’s “first cousin’s spouse is related to [the judge] within the fourth degree by affinity.” Advisory Opinion 80-69. Furthermore, “if a judge is related by the fourth degree of affinity or consanguinity to an attorney in the law firm, a judge should disqualify himself in any proceeding in which a member or attorney employed by the law firm represents a party to a proceeding.” Advisory Opinion 80-69. See also Advisory Opinions 86-258, 86-276, 89-366. 94-513 Page 2 This disqualification may be remitted under the conditions of and as provided in Canon 3D.
2. Judge Crowson is not disqualified from presiding over cases in which
   attorney Head or any member of the Firm represents a party on the ground that attorney Head’s wife is the judge’s court reporter. The mere fact that a party is related by blood or marriage to the court reporter of the judge does not automatically require the judge’s disqualification. Advisory Opinion 79-62. Under Ala. Code 1975, § 12-17-270, a court reporter may not be related to the trial judge within the fourth degree by consanguinity or affinity. However, that section specifically provides that “[t]he provisions of this section shall not apply to circuits which consist of only one county and have three or more than three judges. The Eighteenth Judicial Circuit is composed of Shelby County and has three circuit judges. Hence, the statutory prohibition is not applicable here.
3. Where justifiable cause exists, such as when Judge Crowson is hearing a
   case in which Attorney Head or a member of the Firm represents a party, Judge Joiner may utilize Ms. Joiner/Head as his court reporter on a temporary or case-by-case basis even though she is his first cousin. See
   § 12-17-270.
4. Where justifiable cause exists, such as when Judge Crowson is hearing a
   case in which Attorney Head or a member of the Firm represents a party, Judge Head may utilize his son’s wife as a court reporter on a temporary or case-by-case basis. In connection with paragraphs numbers 2, 3, and 4, whenever Judge Joiner or Judge Head utilize Mrs. Joiner/Head as a temporary court reporter, or when Judge Crowson utilizes Mrs. Joiner/Head as a court reporter in a case in which attorney Head represents a party, the judge should inform the parties and their attorneys of the particular relationship present. This announcement will insure that any appearance of impropriety is avoided. Although this Commission strongly discourages the practice, we note that Judge Head may preside over cases in which his son represents a party provided a waiver is obtained from both the parties and their attorneys. See Advisory Opinion 94-512. This opinion has been reviewed by and adopted as the opinion of the Commission.